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Paper No.
`Filed: December 9, 2015
`
`Naveen Modi
`Paul Hastings LLP
`875 15th Street NW
`Washington, DC 20005
`Telephone: (202) 551-1990
`Facsimile: (202) 551-0490
`E-mail: naveenmodi@paulhastings.com
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
`
`
`
`
`
`
`
`
`
`THE MANGROVE PARTNERS MASTER FUND, LTD.
`Petitioner
`
`v.
`
`VIRNETX INC.
`Patent Owner
`
`
`
`
`
`
`
`Case IPR2015-01046
`Patent 6,502,135
`
`
`
`
`
`
`
`
`
`
`
`
`Patent Owner’s Requests for Production
`
`
`
`
`Filed on behalf of: VirnetX Inc.
`By:
`
`Joseph E. Palys
`Paul Hastings LLP
`875 15th Street NW
`Washington, DC 20005
`Telephone: (202) 551-1996
`Facsimile: (202) 551-0496
`E-mail: josephpalys@paulhastings.com
`
`
`
`Page 1 of 5
`
`VIRNETX EXHIBIT 2039
`Mangrove v. VirnetX
`Trial IPR2015-01046
`
`

`
`Patent Owner requests that Petitioner respond and produce the following
`
`documents and things.
`
`INSTRUCTIONS
`
`In responding to and producing documents and things responsive to these
`
`requests, please comply with the instructions in the Office Patent Trial Practice
`
`Guide.
`
`1.
`
`Please timely amend your responses if you learn that your response is
`
`incomplete or additional responsive information is found.
`
`2.
`
`All documents must be produced as they are kept in the usual course of
`
`business, in the files or containers in which the responsive documents are
`
`maintained, and in the order within each file or container in which such documents
`
`are maintained; or all documents shall be organized and labeled to correspond with
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`the requests below.
`
`3.
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`Identify any responsive documents and things you are aware of but cannot
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`produce because they have been lost or destroyed or are no longer in your
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`possession and the reason you cannot produce them.
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`4.
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`If, in answering these requests, you encounter any ambiguities when
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`construing a request, instruction, or definition, your response shall set forth the
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`matter deemed ambiguous and the construction used in responding.
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`5.
`
`For any document or thing withheld based upon a claim of privilege, please
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`
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`Page 2 of 5
`
`

`
`
`identify the ground of the asserted privilege and provide a privilege log according
`
`Case No. IPR2015-01046
`
`to the requirements of Federal Rule of Civil Procedure 26.
`
`DEFINITIONS
`
`1.
`
`The terms “document” and “thing” have the broadest meaning prescribed in
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`Federal Rule of Civil Procedure 34, including ESI and any physical specimen or
`
`tangible item, in your possession, custody, or control.
`
`2.
`
`“Communications” shall mean the transmission or receipt of information of
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`any kind through any means (e.g., email, voicemail, audio, computer readable
`
`media, or orally).
`
`3.
`
`The term “Mangrove Entities” includes The Mangrove Partners Master
`
`Fund, Ltd., Mangrove Partners, The Mangrove Partners Fund, L.P., The Mangrove
`
`Partners Fund (Cayman), Ltd., Mangrove Capital, any of their present and former
`
`investors, and any of their present and former employees, representatives,
`
`consultants, contractors, attorneys, agents, and all other persons or entities acting
`
`or purporting to act on behalf of any of the foregoing, such as Nathaniel August,
`
`Ward Dietrich, Jeffrey Kalicka, Brian Steck, Philp Lee, David Bree, and Kevin
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`Phillip.
`
`4.
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`“Mangrove IPRs” refers to inter partes review Case Nos. IPR2015-01046
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`and IPR2015-01047.
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`5.
`
`“VirnetX Patents” refers to U.S. Patent No. 6,502,135 and U.S. Patent No.
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`
`
`2
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`Page 3 of 5
`
`

`
`
`7,490,151.
`
`Case No. IPR2015-01046
`
`DOCUMENTS AND THINGS REQUESTED
`
`REQUEST FOR PRODUCTION NO. 1
`
`Communications and documents or things related to challenging VirnetX
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`Patents at the United States Patent and Trademark Office, including assistance with
`
`identification of prior art, filing, funding, compensation, and/or preparation of any
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`papers related to the Mangrove IPRs, between (a) one of the Mangrove Entities,
`
`and (b) any other persons or entities not covered by (a), including another of the
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`Mangrove Entities.
`
`REQUEST FOR PRODUCTION NO. 2
`
`Communications and documents or things sufficient to show the Mangrove
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`Entities that received or provided funds, stock, stock options, or other
`
`consideration for the Mangrove IPRs.
`
`REQUEST FOR PRODUCTION NO. 3
`
`Engagement agreements or
`
`retainer agreements and corresponding
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`termination agreements relating to the Mangrove IPRs, including (1) between any
`
`of the Mangrove Entities and Wiggin and Dana LLP, or any of its agents,
`
`representatives, privies, or others authorized to act on Wiggin and Dana LLP’s
`
`behalf, including Abraham Kasdan and Michael Kasdan and (2) between any of the
`
`Mangrove Entities and The Law Office of James T. Bailey, or any of its agents,
`
`
`
`3
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`Page 4 of 5
`
`

`
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`representatives, privies, or others authorized to act on The Law Office of James T.
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`Case No. IPR2015-01046
`
`Bailey’s behalf, including James T. Bailey.
`
`REQUEST FOR PRODUCTION NO. 4
`
`Invoices related to the Mangrove IPRs, including those issued by Wiggin
`
`and Dana LLP, or any of its agents, representatives, privies, or others authorized to
`
`act on Wiggin and Dana LLP’s behalf, including Abraham Kasdan and Michael
`
`Kasdan, or The Law Office of James T. Bailey, or any of its agents,
`
`representatives, privies, or others authorized to act on The Law Office of James T.
`
`Bailey’s behalf, including James T. Bailey.
`
`
`
`4
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`Page 5 of 5

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